Form 16 is issued by employer to employee at the end of the year or on separation.
Employee should demand Form 16 in writing under proper acknowledgment preferably by letter addressed to the good offices of Appointing Authority, MD, Chairman, and Company Secretary with a copy to the company personnel empowered to sign the form 16 who may be Manager-Finance, and issue reminders. Employee should mention that on dated…….Mr/Ms……..designation/dept/address refused to issue and supply Form 16/service certificate/FNF statement and demand relief and documents by redg. post only and may mention that postage prepaid { as purchased from PO} self addressed envelope is enclosed for sending the redg. post by company to employer.
Thereafter employee can lodge complaint with o/o IT Commissioner where he/she files return and jurisdictional CIT-TDS {under acknowledgment} where company files its return, and peruse thru RTI, for results and reply in writing. There are provisions for penalty to employer up to amounts Rs…./day { 100/day} to the extent of Rs….{TDS}.
Company must have exhibited TDS in your salary slip. If employer has not been issuing salary slip also it is another unfair/illegal/unlawful practice. Employer must provide salary slip and employee and employer should sign. Hospitals are covered under SE Act of the state.
The authority is usually ALC and employee can approach the authority.
Form 16A is to be generated by company on quarterly basis and given to NSDL site.
It is felt that employee after registering can access Form 16 along with Form 16A from NSDL site at option TDS certificate.
For work experience/service certificate, relieving letter employee should write to good offices under acknowledgment and issue reminders.
In case of no relief employee can approach a competent and experienced labor consultant/service lawyer and legal notice may fetch results. Or employee can approach o/o Labor Commissioner, civil court as per explanation of employee under various enactments.
